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28,291 sections across 535 Montana regulatory chapters.
R.23.14-605 AMENDMENTS TO THE REGIONAL PLAN
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R.23.14-606 REPORTS
R.23.14-607 REGIONAL DETENTION TASK FORCE
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R.23.14-608 REIMBURSEMENTS TO COUNTIES FOR TRIBAL USE OF DETENTION SERVICES
R.23.14-609 GENERAL DEFINITIONS
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23.14.609 GENERAL DEFINITIONS (1) "Board" means the Board of Crime Control as provided for in 2-15-2306, MCA. (2) "Regional plan" means the plan for providing youth detention services as required in 41-5-1903, MCA, submitted to the board from regions created under 41-5-1805, MCA.…
R.23.14-610 REGIONAL PLANNING BOARDS
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23.14.610 REGIONAL PLANNING BOARDS (1) Counties that establish regions by using the provisions of the Interlocal Cooperation Act, Title 7, chapter 11, part 1, MCA, may apply to the board for funding of detention services. (2) A regional planning board must be a representative gro…
R.23.14-611 REGIONAL PLAN
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23.14.611 REGIONAL PLAN (1) Regional plans are considered applications for financial assistance from the board. (2) Regional plans prepared by regional planning boards must fully describe the information required in 41-5-1903, MCA. (3) Regional plans must be submitted to the boar…
R.23.14-612 PLAN APPROVAL PROCESS
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23.14.612 PLAN APPROVAL PROCESS (1) The regional plan submitted by the regional planning board will be reviewed by the youth justice council. The youth justice council will recommend to the board whether the regional plan should be approved, modified, rejected, or terminated. Aut…
R.23.14-613 AMENDMENTS TO THE REGIONAL PLAN
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23.14.613 AMENDMENTS TO THE REGIONAL PLAN (1) The regional plan submitted to and approved by the board will be effective for one fiscal year. Amendments to the plan are allowable. (2) Modification of budget line items by ten percent or less may be approved by the regional plannin…
R.23.14-614 REPORTS
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23.14.614 REPORTS (1) Counties participating in regional plans must submit regular and accurate reports to the board using the reporting system prescribed by the board. (2) Failure by a county or counties to use or to accurately report using the reporting system prescribed by the…
R.23.14-615 REGIONAL DETENTION TASK FORCE
23.14.615 REGIONAL DETENTION TASK FORCE (1) The board may establish an advisory task force pursuant to board bylaws comprised of board members and the chairpersons of the regional planning boards. (2) The task force will advise the board and the youth justice council regarding re…
R.23.14-616 REIMBURSEMENTS TO COUNTIES FOR TRIBAL USE OF DETENTION SERVICES
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23.14.616 REIMBURSEMENTS TO COUNTIES FOR TRIBAL USE OF DETENTION SERVICES (1) The board may reimburse counties for detention costs of Indian youth placed in a regional youth detention facility or a county detention facility pursuant to an order of a tribal court and approved by t…
R.23.14-801 DEFINITIONS (REPEALED)
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23.14.801 DEFINITIONS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1997 MAR p. 1036, Eff. 6/24/97; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.14-802 GROUNDS FOR SUSPENSION OR REVOCATION OF MONTANA PEACE OFFICERS' STANDARDS AND TRAINING CERTIFICATION (REPEALED)
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23.14.802 GROUNDS FOR SUSPENSION OR REVOCATION OF MONTANA PEACE OFFICERS' STANDARDS AND TRAINING CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/9…
R.23.14-803 PRELIMINARY PROCEDURE IN PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED)
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23.14.803 PRELIMINARY PROCEDURE IN PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.14-804 COMMENCEMENT OF FORMAL PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED)
23.14.804 COMMENCEMENT OF FORMAL PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. …
R.23.14-805 HEARING PROCEDURES (REPEALED)
23.14.805 HEARING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.
R.23.14-806 CONDUCT OF HEARINGS (REPEALED)
23.14.806 CONDUCT OF HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.
R.23.14-807 DECISION AND ORDER (REPEALED)
23.14.807 DECISION AND ORDER (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.14-808 RECORD OF PROCEEDINGS (REPEALED)
23.14.808 RECORD OF PROCEEDINGS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.14-809 APPEALS (REPEALED)
23.14.809 APPEALS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.
R.23.14-810 APPLICABILITY OF THE RULES OF CIVIL PROCEDURE (REPEALED)
23.14.810 APPLICABILITY OF THE RULES OF CIVIL PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.
R.23.14-901 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION (REPEALED)
23.14.901 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION (REPEALED) Authorizing statute(s): 7-4-2905, MCA Implementing statute(s): 7-4-2905, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.15-101 FUNCTION OF THE OFFICE OF VICTIMS SERVICES AND RESTORATIVE JUSTICE
23.15.101 FUNCTION OF THE OFFICE OF VICTIMS SERVICES AND RESTORATIVE JUSTICE (1) The office of victims services and restorative justice administers the Crime Victims Compensation Act, Title 53, chapter 9, part 1, MCA, through the crime victims unit. Authorizing statute(s): Sec. 5…
R.23.15-102 GENERAL DEFINITIONS
23.15.102 GENERAL DEFINITIONS (1) "Bodily injury" means a physical or mental trauma directly resulting from: (a) a physical contact with the victim; or (b) criminal acts of the offender which were directed toward the victim's person and the victim was aware of the actions at the …
R.23.15-103 GOOD CAUSE EXTENSIONS TO CLAIM FILING AND REPORTING TO LAW ENFORCEMENT LIMITS
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23.15.103 GOOD CAUSE EXTENSIONS TO CLAIM FILING AND REPORTING TO LAW ENFORCEMENT LIMITS (1) Factors considered when determining whether "good cause" exists for extending the one-year time limit for filing a claim, or for extending the 72 hour deadline to report criminally injurio…
R.23.15-104 INTERESTS OF JUSTICE (REPEALED)
23.15.104 INTERESTS OF JUSTICE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 53-9-104, MCA Implementing statute(s): Sec. 53-9-125, MCA History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; REP, 1994 MAR p. 1999, Eff. 7/22/94.
R.23.15-105 PROPORTIONATE REDUCTION IN CLAIMS PAID (REPEALED)
23.15.105 PROPORTIONATE REDUCTION IN CLAIMS PAID (REPEALED) Authorizing statute(s): 53-9-104, MCA Implementing statute(s): 53-9-108, MCA History: NEW, 2001 MAR p. 674, Eff. 4/27/01; REP, 2008 MAR p. 1588, Eff. 8/1/08.
R.23.15-201 CLAIM AND INITIAL DETERMINATION
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23.15.201 CLAIM AND INITIAL DETERMINATION (1) To initiate a claim, a claimant must complete either the form provided by the unit or a form which substantially conforms to the unit's form. The unit may provide claimant with the unit's form and require its completion prior to proce…
R.23.15-202 REQUEST FOR HEARING
23.15.202 REQUEST FOR HEARING (1) The claimant has the right to request an informal hearing within 30 days of any written determination regarding compensability of a claim. The unit may request an informal hearing on its own initiative. The right to proceed further is waived unle…
R.23.15-203 HEARING
23.15.203 HEARING (1) The office administrator will refer the claim to a hearing examiner. (2) The hearing examiner will issue notice of the time and place for the hearing, and the issues to be resolved at the hearing. (3) The hearing is not a contested case hearing under the Mon…
R.23.15-204 NOTIFICATION OF DISPOSITION
23.15.204 NOTIFICATION OF DISPOSITION (1) The unit will notify the appropriate law enforcement agencies and prosecuting attorneys for the disposition of the claim if restitution is ordered by a court. Upon request, the unit will provide a copy of the determination or order and an…
R.23.15-205 RECONSIDERATION OF CLAIMS UNDER 53-9-130 , MCA
23.15.205 RECONSIDERATION OF CLAIMS UNDER 53-9-130 , MCA (1) The office may reconsider a claim at the request of the claimant when no informal hearing under 53-9-122 , MCA, was held, and when the time for requesting such hearing has expired. (2) A claimant may request a reconside…
R.23.15-301 ATTORNEY FEES
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23.15.301 ATTORNEY FEES (1) The time, effort, involvement, and complexity of a claim are considered in determining whether or not attorney fees will be granted for attorneys representing claimants before the unit or office. (2) Fees will not be awarded for filling out and mailing…
R.23.15-302 PAYMENT OF CLAIMS
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23.15.302 PAYMENT OF CLAIMS (1) Wage compensation is paid directly to the claimant every 14 days unless otherwise directed by the unit or unless there is an assignment for medical expenses, maintenance, or child support. The first payment is processed to coincide with the biweekl…
R.23.15-303 EMPLOYMENT INFORMATION
23.15.303 EMPLOYMENT INFORMATION (1) Employers of victims may, upon request of the unit or the claimant, submit verifications of employment and salary, detailing loss of wages and benefit entitlements from the employers. (2) Self-employed persons may receive wage loss benefits. T…
R.23.15-304 MEDICAL INFORMATION
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23.15.304 MEDICAL INFORMATION (1) Physicians who have rendered medical services to a victim may submit to the unit the physician's first report and bill for initial treatment or any other appropriate report which details information regarding injuries, treatment, costs, and the p…
R.23.15-305 CHIROPRACTIC SERVICES
23.15.305 CHIROPRACTIC SERVICES (1) The rules governing physicians apply to chiropractors. (2) Treatment by a licensed chiropractor is permitted without specific prior approval for a period not to exceed 30 days, provided the patient is not under the care of another physician. (3…
R.23.15-306 MENTAL HEALTH THERAPISTS
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23.15.306 MENTAL HEALTH THERAPISTS (1) The rules governing physicians apply to mental health therapists, subject to restrictions in this rule. (2) A mental health therapist must be one of the following to receive payment from the crime victims fund: (a) medical doctor; (b) licens…
R.23.15-307 COMPENSATION BENEFITS
23.15.307 COMPENSATION BENEFITS (1) Compensation benefits payable to a claimant or on his behalf are computed by subtracting from the claimant's expenses any payments made by the offender or other collateral source. The unpaid expense is subject to the statutory maximums and perc…
R.23.15-308 CONTRIBUTION
23.15.308 CONTRIBUTION (1) Under 53-9-125 , MCA, a victim contributed to the infliction of death or bodily injury with respect to which a claim is made if the victim's actions are causally connected to the resulting injuries and such injuries were reasonably foreseeable at the ti…
R.23.15-309 SICK LEAVE
23.15.309 SICK LEAVE (1) Sick leave payments are not considered wages for the purpose of determining if a victim qualifies for wage loss compensation, but sick leave payments received during the actual loss of wages are used to offset wage compensation benefits. Authorizing statu…
R.23.15-310 SUBROGATION AND ATTORNEY FEES
23.15.310 SUBROGATION AND ATTORNEY FEES (1) The claimant must advise the unit when a civil action is initiated by the claimant against the offender or another collateral source. The claimant must provide the name and address of his or her attorney to the unit. (2) The claimant or…
R.23.15-401 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM-PURPOSE
23.15.401 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM-PURPOSE (1) The forensic rape examination payment program (FREPP) covers the costs of providing sexual assault forensic examinations for victims of an alleged incident of sexual intercourse without consent, sexual assault, or in…
R.23.15-402 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM COVERAGE GUIDELINES
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23.15.402 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM COVERAGE GUIDELINES (1) To be eligible to receive FREPP coverage, a victim must have a forensic rape examination performed within 72 hours of the alleged sexual assault and must choose not to report the alleged incident to law e…
R.23.15-403 PROCESSING AND RETURN OF FORENSIC RAPE EXAMINATION KITS
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23.15.403 PROCESSING AND RETURN OF FORENSIC RAPE EXAMINATION KITS (1) Forensic rape examination kits, which include evidence obtained as a result of the examination, the medical record sexual assault form, and any other paperwork accompanying the examination, should be mailed to …
R.23.15-404 PROVIDER BILLING AND REIMBURSEMENT
23.15.404 PROVIDER BILLING AND REIMBURSEMENT (1) To be eligible for reimbursement for the covered costs of the forensic rape examination, the medical provider must, within 90 days of performing the examination: (a) submit the FREPP claim form; (b) provide a copy of the patient in…
R.23.15-405 ADMINISTRATION OF THE FORENSIC RAPE EXAMINATION PAYMENT PROGRAM
23.15.405 ADMINISTRATION OF THE FORENSIC RAPE EXAMINATION PAYMENT PROGRAM (1) FREPP will maintain a database of all forensic rape examination kits received. (2) FREPP will store forensic rape examination kits for a minimum of 60 days. (3) FREPP will maintain the confidentiality o…
R.23.15-406 LAW ENFORCEMENT'S RESPONSIBILITY TO PAY
23.15.406 LAW ENFORCEMENT'S RESPONSIBILITY TO PAY (1) If FREPP has provided coverage for a forensic rape examination and the victim later reports the offense to law enforcement, in accordance with 46-15-411 , MCA, law enforcement must reimburse FREPP for the cost of the examinati…
R.23.15-501 ADDRESS CONFIDENTIALITY PROGRAM--PURPOSE AND GOAL
23.15.501 ADDRESS CONFIDENTIALITY PROGRAM--PURPOSE AND GOAL (1) The purpose of the address confidentiality program is to allow a victim of domestic violence, sexual assault or stalking to register for a confidential address. The program is designed to provide assistance to qualif…
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